SP Paper 803 (Web)
Contents
Introduction
Remit and membership
Remit:
To consider and report on health policy, the NHS in Scotland, sport and other matters falling within the responsibility of the Cabinet Secretary for Health, Wellbeing and Sport, and measures against child poverty..
Membership:
Duncan McNeil (Convener)
Bob Doris (Deputy Convener)
Malcolm Chisholm
Rhoda Grant
Colin Keir
Richard Lyle
Mike MacKenzie
Nanette Milne
Dennis Robertson
Subordinate Legislation
Introduction
The Committee reports to the Parliament as follows—
1. The Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2014 was laid before the Parliament on 31 August 2015. The instrument is subject to the affirmative procedure.
2. The regulations make provision in connection with appeals under sections 264 and 268 of the Mental Health (Care and Treatment) (Scotland) Act 203. An appeal under one of those sections is an appeal to the Mental Health Tribunal for Scotland against detaining a patient in a particular hospital or hospital unit on the ground that detaining the patient there entails subjecting the patient to an excessive level of security.
3. The Policy note details the legal background, policy objectives, consultation, impact assessment and financial effects in connection to the regulations. The Policy note states that—
The policy intention behind these regulations is to bring into effect the scheme provided for in the 2003 Act by extending the right to patients in the medium secure units.
4. At its 26th meeting 2015, held on 29 September, the Health and Sport Committee considered the instrument. The Official Report for this meeting will be available from Friday 2 October 2015.
5. The Committee noted that the Delegated Powers and Law Reform Committee had not made any comments on the instrument.
6. The Committee took evidence on the instrument from the Minister for Sport, Health Improvement and Mental Health.
7. The Cabinet Secretary moved motion S4M-14389—
That the Health and Sport Committee recommends that the Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015 be approved.
8. The motion was agreed to.
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